Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Dec 2006
    Posts
    3

    Question Do I have a misdiagnosis case?

    State: OHIO

    First of all, I would like to begin that I am not looking for any huge settlement or anything, just that the bill that I have be waived. Now, on with my question....

    In May of 2005 I was playing Semi-pro football and injured my knee, I went to a doctor who examined it, gave me a brace, let it have time to heal.... after that and it was still hurting he sent me in for an MRI ($1200).... He looked at the MRI and said he believed there to be "slight" meniscus tear and that we needed to do surgery to remove the torn piece. I had the Surgery in March of 2006. After surgery , during my first post-op, he told me he had to remove "alot" of Damged meniscus, I had two or three more visits after surgery and told him each time that my knee still hurt (even more than it did before surgery) but he just kept saying that's normal. Mind you my knee swells ALOT!

    Finally I decided to seek another Dr. advice and the second Dr. told me that I had a torn ACL and that I'm going to need a complete ACL reconstruction. I haven't had the ACL recon. surgery yet (I don't have insurance and I'm still saving the money)

    I suppose I have a couple of questions: one, do I have a case? two, is there anyway I can find the name/contact info for the first Dr. insurance company and maybe get this setteled out of court? I don't want to get a lawyer and seek a big settlement, I just want my bill from the first surgery to be dismissed, since he really did nothing, I have no relief of pain (in fact it hurts more now than before) my knee still swells to 3 times it's size, it hurts to walk, sit, anything! Well, thanks in advance for any input/advice.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Do I have a misdiagnosis case?

    Q: is there anyway I can find the name/contact info for the first Dr. insurance company and maybe get this setteled out of court?

    A: Yes, ask the doctor.

  3. #3
    Join Date
    Dec 2006
    Posts
    3

    Default Re: Do I have a misdiagnosis case?

    Will he give me that information?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Do I have a misdiagnosis case?

    Quote Quoting Seagull
    View Post
    Will he give me that information?
    I do not know him so I have no way of answering that question.

  5. #5
    Join Date
    Dec 2006
    Posts
    3

    Default Re: Do I have a misdiagnosis case?

    I guess my question is, is that public knowledge? Does he have to give it to me? If not, is there anywhere I can find that information?

  6. #6
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Do I have a misdiagnosis case?

    Quote Quoting Seagull
    View Post
    I guess my question is, is that public knowledge? Does he have to give it to me? If not, is there anywhere I can find that information?
    If you did know the name of the insurance company and contacted them, they would tell you to contact the doctor first.

    And it is doubtful that the insurance company would even talk to you without a lawyer.

    So, do what I told you to do in the first place. Don't be sneaky.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,909

    Default Re: Do I have a misdiagnosis case?

    We have some medical types here who should be able to help clarify, but I am skeptical that a doctor could do an extensive arthroscopic procedure on your knee to remove torn pieces of the medial meniscus without seeing any sign of damage to the ACL (see illustration). The MRI and, if available, video from the first (presumably) arthroscopic procedure may help clarify the state of your medial meniscus at the time of the first surgery.

    I would suggest talking to the first surgeon about the second surgeon's diagnosis to get his opinion, and to see if he'll give you a discount against a subsequent surgery if in fact he missed something, as opposed to the possibility that this represents a subsequent injury.

    If you really want to try to make a malpractice claim, even if small in amount, consult a malpractice lawyer.

  8. #8
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Do I have a misdiagnosis case?

    Please print word for word except for your name, the radiologist report from the MRI. Also be advised that a MRI is just one tool and not a definitive clinical finding. Edema can mask the presence of some tears and normal aging can also contribute to joint pain, factor in your armature status and it could be difficult to prove any negligence or missed diagnosis.

  9. #9
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Do I have a misdiagnosis case?

    Semi-pro? Are you unemployed because of your injury?

    You were following instructions given by the first doctor and allowed the injury to heal from the time you were first treated for the tear; and, during the postop you have followed instructions to allow the area to heal.

    Because if you didn't it might difficult to convince the surgeon he "didn't do anything" for you. Ligaments don't have any elasticity. So if you tear one (or more) they don't have any "give" and will continue to tear as the weight of the upper body turns.

    It is likely that a doctor would argue it is the nature of the injury that causes your ongoing pain and swelling of the surgical site.

    I agree with being direct with both of these two doctors and see what they say and what they are willing to put in writing.

  10. #10
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Do I have a misdiagnosis case?

    I am in a situation that is slightly similar. I went to a hospital emergency room with severe back pain. The diagnosis was a small kidney stone that was already in my ureter and about to pass. For 37 days I was in on again off again agony waiting for this small stone to pass. Finally I could not stand it anymore and I went to another hospital. At that hospital it was found that my entire kidney was completely packed with a stag horn kidney stone and that the resulting infection and pressure from blockage would result in my kidney being removed.

    After more than 2 weeks in the hospital they were able to kill the infection, save my kidney and remove most of the stone. At this time the first hospital was threatening me with collections over the $9000 emergency room bill. I wrote them a angry letter describing all I had been through because of the misdiagnoses and all that I was made to endure. They actually wrote me a letter of apology and admitted also admitted in writing that they were wrong in not admitting me. Their insurance companies adjuster has been in contact with me the past few week to determine my bills from the 2nd hospital to see what portion they will cover. This adjuster also told me that they would be changing policy because of what happened to me. They have also waived the $9000 from my visit to their hospital.

    I am not a libel minded person and the kidney stone was not there fault. Just the extended suffering, a simple letter has more than sufficed to make me happy with the response.

    If your not looking to profit maybe this will work for you. Call that hospital and ask for the phone number and name of that hospitals "Risk assessment manager"

    Write a letter to that person describing what you went through. Maybe you will have a good response like I did.

    BTW, I have no law skills or knowledge, I am just giving advice from my personal experience. And I know a lot of people think I should have sued.

    Good luck and I hope you feel better.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Medical Malpractice: Misdiagnosis and Unnecessary Surgery
    By ashwed in forum Malpractice Law
    Replies: 2
    Last Post: 08-29-2011, 10:18 PM
  2. Medical Malpractice: Misdiagnosis of Scoliosis
    By SearchRescueGuy in forum Malpractice Law
    Replies: 5
    Last Post: 04-04-2011, 08:30 PM
  3. Pets and Animals: Misdiagnosis of a Pet's Infection
    By WhereToFromHere in forum Personal Property
    Replies: 3
    Last Post: 11-12-2010, 05:18 PM
  4. Medical Malpractice: Misdiagnosis Of Osteomyelitis
    By Vanessa12 in forum Malpractice Law
    Replies: 3
    Last Post: 05-10-2008, 03:26 PM
  5. Medical Malpractice: Misdiagnosis of cancer
    By John Paul in forum Malpractice Law
    Replies: 11
    Last Post: 01-22-2007, 06:13 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Medical Malpractice
Free review of your case by a medical malpractice lawyer.


Untitled Document